Rank: Super forum user 
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I received a Health and safety news letter for a company that we sometimes work with - they act as a Principal Contractor and we act as a specialist nominated Sub-contractor requested by the Client.
In part of the news letter called action points they state - "Any Fines incurred from any HSE visit will be passed to the offending sub-contractor"
Whilst I and the management team are not concerned with this comment, I was led to believe that you can not pass fines that you receive on to others, they would probably have been prosecuted as well.
I look forward to others comments
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Rank: Super forum user
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I agree with you. It seems as though someone has totally confused fines with HSE cost recovery.
The former cannot be transferred to others. The payment of the latter could be argued between several parties.
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Rank: Super forum user
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Of course, if this is explcitly stated in the contract between contractor and sub-contractor, then there is no issue, but if not this could be an interesting legal situation. Something for the lawyers to mull over.
Chris
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Rank: Forum user
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Chris.Packham wrote:Of course, if this is explcitly stated in the contract between contractor and sub-contractor, then there is no issue, but if not this could be an interesting legal situation. Something for the lawyers to mull over.
Chris
I beleive the contract will stipulate that the contractor must comply with the law, therfore costs incurred from an HSE visit under the new scheme should be recoverable from the offending contracting company.
I have no doubt the lawyers will argue over who is responsible but the PC will no doubt win that arguement.
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